Occupational Safety and Health Convention, 1981 (No. 155) - Republic of Korea (RATIFICATION: 2008)

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Article 1 of the Convention. Scope of application. Further to its previous comment, the Committee takes note of the revised table 1 of the Enforcement Decree of the Occupational Safety and Health Act which, according to the Government, expands the scope of application of the national legislation giving effect to the Convention. The Committee requests the Government to indicate the reasons for the exclusion of the branches of economic activity listed under table 1, the manner in which the representative organizations of employers and workers concerned were consulted and the measures taken to give adequate protection to workers in the excluded branches as well as on any progress towards wider application of the relevant legislation.

Articles 4, 5(d) and 7. Formulating, implementing and periodically reviewing a coherent national policy in consultation with the social partners, in view of the situation in the country. In its previous comment, the Committee noted that the current national policy on occupational safety and health (OSH) is articulated in the Third Five-Year Plan for Industrial Prevention, adopted in 2010, and its implementation is supervised by the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention. Regarding consultations held in this context, the Government indicates in its present report that the expert committee on OSH, set up within the abovementioned Deliberation Committee and comprising representatives of employers’ and workers’ organizations, convenes at least once a year to discuss occupational accident prevention and major policies. Furthermore, the Government indicates that comprehensive surveys on the working environment and working conditions have been conducted respectively every five and three years and that industrial accidents and diseases have been analysed with a view to evaluating the state of safety and health in the country and to setting out the order of priorities reflected in the policies. The Committee requests the Government to provide further information on the work of the expert committee on OSH and the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, with regard to the periodical review of the Five-Year Plan for Industrial Prevention, and on the results of the fact-finding surveys on working conditions and the working environment conducted as part of the reviewing process.

Articles 4 and 16. Minimizing, as far as is reasonably practicable, the causes of hazards inherent in the working environment. Ensuring that workplaces are safe and without risk to the safety and health of workers. The Committee notes the observation made by the Federation of Korean Trade Unions (FKTU) on the application of the Asbestos Convention, 1986 (No. 162), considering that it is related to this Convention. In its observation, the FKTU indicates that little effort is made to protect the workers’ health from exposure to asbestos contained in old buildings or materials and that provisions should be made to introduce into the Occupational Safety and Health Act (OSH Act) an obligation for employers to draw up a map reporting the presence of asbestos in the worksite, as already provided by the Asbestos Safety Management Act. The Committee takes note of the Government’s reply in which it recalls the obligations resting on employers to carry out investigations to detect asbestos and to remove and replace asbestos-containing materials. The Government adds that in view of the legislation in force, the adoption of new legislative provisions is unnecessary. The Committee recalls that, in applying Article 16, it is for the Government to provide for legislative or other provisions requiring employers to take the necessary actions to ensure that workplaces are safe and without risk to health. The Committee requests the Government to provide further information on the provisions concerning the obligation of employers in relation to safety measures in workplaces containing asbestos.

Articles 5(e) and 13. Right of workers to remove themselves from situations presenting imminent and serious danger and protection from disciplinary measures. The Committee notes the Government’s reference to section 26.3 of the OSH Act which protects workers from dismissal and other unfair treatment when they remove themselves from a situation which they have reasonable grounds to believe presents an imminent danger of industrial accident or disease. The Committee recalls its previous request for clarification regarding the conditions set out under section 26.2 of the OSH Act which provides that workers shall report any imminent risk to their immediate superior. In the absence of the Government’s reply to this point, the Committee again requests the Government to clarify whether under section 26.2 of the OSH Act, the right to removal of workers is subject to prior notification to their superior.

Article 9. System of inspection and adequate penalties. The Committee notes the Government’s indication that since 2012, it has adopted a new approach to labour inspection activities, shifting from corrective measures to the imposition of fines and penalties. It also takes note of the revision of the manual for OSH labour inspectors with a view to redefining the criteria for measures against violations and the types of inspection visits to be conducted. It further notes the statistical data provided by the Government showing the significant increase in the number of undertakings facing sanctions or judicial action between 2010 and 2013. Referring to its observations concerning the application of the Labour Inspection Convention, 1947 (No. 81), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Committee requests the Government to continue to provide information on the measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH, through the imposition of adequate penalties, as well as on the results obtained.

Article 10. Provision of guidance to workers and employers. The Committee notes that the Government’s report refers to the duties of workers with regard to safety and health at the workplace but does not provide information on this matter. The Committee therefore reiterates its request for information on measures taken to provide guidance to employers and workers, as prescribed by this Article of the Convention.

Article 11(e). Annual and publication of information on the implementation of the national policy. The Committee takes note of the Government’s indication that information on employment and labour policies is published annually in the Employment and Labour White Paper. The Committee requests the Government to include a summary of the most recent White Paper in its next report.

Article 11(f). Knowledge and risk assessment. Further to its previous comment, the Committee notes from the Government’s report that the Occupational Safety and Health Research Institute continuously studies the harmfulness and hazardousness of chemical, biological, physical and ergonomic agents in the workplace as well as occupational accidents and diseases which may be caused by such agents. It also notes that the Institute has established a chronic inhalation toxicity test facility to evaluate the harmfulness of chronic exposure to low concentrations of dangerous agents. It further notes that the Government has initiated campaigns to address emerging occupational risks related to psychological factors and work-related stress. The Committee requests the Government to continue to provide information on the activities of the Occupational Safety and Health Research Institute aimed at examining potential hazards to the workers’ health.

Article 12(b). Responsibilities of designers, manufacturers, importers, etc. to make information available. The Committee notes the Government’s indication that employers using certain machinery and equipment are required to provide workers concerned with safety information (characteristics of the machines, occupational hazards, instructions for safe use). The Committee wishes to draw the Government’s attention to the fact that the scope of Article 12(b) is broader as it calls for the definition of obligations applying to “those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use”. In this connection, the Committee refers to paragraphs 163–165 of its 2009 General Survey on occupational safety and health on the scope of this Article. The Committee requests the Government to indicate the measures, taken or envisaged, to ensure full compliance with Article 12(b) of the Convention.

Article 14. Including OSH at all levels of education and training. The Committee takes note of the many initiatives and programmes undertaken by the Government to promote and disseminate information on OSH culture in schools and specialized vocational high schools. It also notes that since 2011, the Government has provided training on basic safety and health measures to 708,046 workers and employers in the construction sector, targeting different groups such as safety and health management personnel or daily workers. The Committee also notes that the Government offers courses on safety and health in the workplace where micro-businesses face difficulties in providing their workers with such training. The Committee requests the Government to continue to provide information on the measures taken to give effect to this Article of the Convention.

Article 15. Arrangements for coordination and consultation with workers’ and employers’ representatives. The Government indicates that consultation with the social partners at the national level is ensured through the periodical meetings of the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention and of its expert committee on OSH, which are tripartite bodies. Referring to its previous comment, the Committee recalls the Korea Employers Federation’s observation, according to which consultations with the social partners cannot be carried out effectively due to time constraints imposed by the Government. The Committee requests the Government to provide its comments in this respect and to supply information on any other measures taken or envisaged to give effect to this Article of the Convention.

Article 17. Collaboration between several employers present at the same workplace. The Committee notes the Government’s reiterated reference to section 29 of the OSH Act which sets out obligations concerning safety and health measures for employers engaged in a contractual relationship. The Committee again requests the Government to indicate how it is ensured that employers engaged in activities simultaneously at one workplace but who are not in a contractual relationship are required to collaborate in applying OSH measures.

Articles 19(b) and 20. Cooperation between management and workers and/or their representatives on OSH. Further to its previous comment, the Committee notes from the Government’s report that OSH committees are to be set up in undertakings of 100 workers and more for six branches of activity considered as very harmful or hazardous, or in undertakings of 300 workers and more in other branches of activity. The Committee requests the Government to indicate the measures taken or envisaged to ensure cooperation between management and workers and/or their representatives in undertakings which do not meet these thresholds.

Article 19(c) and (e). Arrangements at the level of the undertaking. While noting the Government’s reference to several provisions of the OSH Act concerning cooperation between the employer and workers and their representatives on OSH issues, the Committee notes that the Government does not provide a reply to its last comment. The Committee therefore reiterates its request for information on any measures taken with regard to the right of workers’ representatives to consult with their representative organizations (Article 19(c)) and to the right of workers to bring in outside experts when needed (Article 19(e)).

Article 21. OSH measures at no cost for the workers. Further to its previous comment, the Committee notes the Government’s indication that under section 6 of the OSH Act, workers observe OSH measures adopted by the employer without incurring any costs. However, the Committee notes that the text of the OSH Act made available in English does not contain any mention of this. The Committee requests the Government to clarify how it is ensured that OSH measures do not involve any expenditure for the workers.

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on occupational injuries and on violations detected between 2010 and 2013. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to continue to supply statistical data on the number, nature and cause of accidents and occupational diseases reported and the number and nature of contraventions detected.

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Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 4(1) of the Convention. Periodical review of the national policy. Article 7. Review of the national situation at appropriate intervals. The Committee notes the Government’s response that, in accordance with Article 4 of the Convention, and section 8 of the OSH Act, the Korean national policy on occupational safety and health (OSH) has been articulated, inter alia, through the adoption of the Third Five-Year Plan for Industrial Accident Prevention which is implemented through an annual task plan. This policy focuses on six strategies: (1) enhancing prevention activities through legislation; (2) diversifying delivery through participation and cooperation; (3) promoting effective implementation through specific prevention measures; (4) establishing a proactive management system for disease prevention; (5) enhancing safety awareness by spreading a safety culture; and (6) increasing the capacity of the OSH administrations. The Government also states briefly that, when the plan was established, the objectives, target numbers, performance indicators and future tasks were set up on the basis of the results of the analysis of various safety and health culture project and safety and health promotion projects conducted from 2005 to 2009, but that little further is provided on the review of the national policy process. In this respect, the Committee refers to the 2009 General Survey on occupational safety and health, in which it is emphasized that it is of crucial importance not only to formulate and implement a national policy on occupational safety and health but also to periodically review this policy (Article 4), inter alia, in the light of an analysis of the national situation (Article 7) and that this periodical review and evaluation of past performance should inform future policies and plans enabling an effective operation of the dynamic national policy process envisaged in Article 4. The Committee requests the Government to provide further information on how the required periodical review of the national policy according to Article 4 and the review of the national situation at appropriate intervals according to Article 7 of the Convention are carried out.

Article 5(b). Relationships between the material elements of work and the persons who carry out or supervise the work. The Committee notes the reference made in the report to employers’ obligations in this respect and to the standards adopted, including a standard on the Scope of Work Causing Excessive Burdens on the Musculoskeletal System. The Committee requests the Government to provide further information on the account taken of this sphere of action in its national policy.

Article 5(e). The protection of workers from disciplinary measures. The Committee notes the reference made by the Government to article 19(7) of the OSH Act, which provides protection for the members of the OSH committee. The Committee notes, however, that the scope of Article 5(e) is wider, offering protection to actions taken by any worker. The Committee requests the Government to provide further information on measures taken to give full effect to this provision.

Article 11(d). Holding of inquiries. The Committee notes the information provided by the Government that, when a serious accident happens resulting in the death of at least one person, the Ministry of Employment and Labour may conduct an investigation to identify its cause and establish prevention measures. The Committee also notes that, in order to diagnose occupational diseases and identify their causes, the Ministry of Employment and Labour, may, if necessary, conduct an epidemiological investigation to find out the correlation between the disease affecting the worker and the hazards in the workplace. The Government is requested to provide further information on the relevant legal provisions and application in practice of this provision, including examples of inquiries held and their results.

Article 11(e). Publication of information on the implementation of the national policy. The Committee notes the information provided regarding the annual publication of statistics. However, no information has been provided regarding the publication of information on measures taken in pursuance of the policy in accordance with Article 4. The Government is requested to provide information on measures taken progressively to ensure that the functions referred to in Article 11(e) are carried out.

Article 11(f). Knowledge and risk assessment. The Government refers to article 40 of the OSH Act, which provides for risk assessments to be carried out by manufacturers or importers, particularly in relation to chemicals. The Committee also notes that the OSH Research Institute under the Korea OSH Agency (KOSHA) conducts research on industrial accidents and occupational diseases, including, research on the harmfulness and hazardousness of industrial chemicals. However, no information is provided regarding risk assessments in relation to substances other than chemicals, such as physical, biological and psychosocial agents. The Committee notes the emphasis on risk assessment as a preventive measure within the current five-year plan and that the Government plans to introduce a generalized requirement to carry out such risk requirements. The Government is requested to provide information on measures taken progressively to ensure that the functions referred to in Article 11(f) are carried out.

Article 12(b). Responsibilities of designers, manufacturers, importers, etc. to make information available. In relation to Article 12(b) the Committee notes the information provided by the Government relating to obligations imposed on employers who intend to manufacture, import, use, transport or store a chemical or chemical-containing preparations so as to make information available, inter alia, in the form of the provisions of Material Safety Data Sheets, however, such information provided relates to measures taken to give effect to other aspects of this subparagraph. As regards to Article 12(c), the Committee notes the Government’s reference to research carried out by the OSH Research Institute under the KOSHA. The Government is requested to provide information on measures to give full effect to the provisions in this subparagraph.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the Government’s reference to sections 26(2) and (3) of the OSH Act. The Committee notes that it is not entirely clear that the abovementioned sections (in the English version available to the Committee) give full effect to Article 13. With reference to the more detailed discussion on this Article in paragraphs 145–152 in the 2009 General Survey on Occupational Safety and Health, the Committee requests the Government to clarify whether section 26(2) of the OSH Act entitles workers to remove themselves from work situations which they have reasonable justification to believe present an imminent and serious danger to their life or health.

Article 17. Collaboration between several employers present in the same workplace. The Committee notes the reference made by the Government to sections 18 and 29(1) of the OSH Act which regulate employers’ OSH duties. The Committee notes, however, that the provisions do not seem to regulate collaboration between several employers present in the same workplace as prescribed by this Article. The Government is requested to provide further information on measures taken to give effect to this provision.

Articles 19(b) and 20. Cooperation between management and workers and/or their representatives on OSH. The Committee notes the Government’s response in that, by virtue of section 19 of the OSH Act employers should establish and operate OSH committees, composed of an equal number of workers and employers, so as to deliberate or decide on important OSH matters. The Committee also notes that by virtue of section 19(8), further regulations on such OSH committees, including, the category and scale of the business for which an OSH committee is to be established, shall be enacted by presidential decree. The Committee requests the Government to provide further information on whether further legislation has been adopted to regulate the setting up and operation of OSH committees at the level of the enterprise, and, in particular, whether section 19 of the OSH Act applies to all businesses, irrespective of size.

Article 19(c) and (e). Arrangements at the level of the undertaking. The Committee notes the information provided by the Government regarding the application of sections 5, 11(1) and (2) of the OSH Act on the employers’ obligation to provide workers with OSH information and monitoring results. However, no specific information is provided on consultations with the representative organizations with regards to information provided by the employer under Article 19(c), nor regarding the right of representatives in these respects or the rights of workers to bring in outside experts when needed. The Committee asks the Government to provide further information on measures taken to give full effect to Article 19(c) and (e).

Article 21. OSH measures at no cost for the workers. The Committee notes the reference made by the Government to section 5 of the OSH listing employers’ OSH duties and obligations. This provision does not, however, expressly articulate that OSH measures should not involve expenditures to workers. The Committee requests the Government to provide further information on measures taken to give full effect to this Article.

Part V of the report form. Application of the Convention in practice. The Committee notes from the Government’s report that the overall trend of occupational injuries has decreased since 2002. The Committee asks the Government to continue to give a general appreciation of the manner in which the Convention is applied in the country, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

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The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the comments by the Korea Employers Federation (KEF) and the Federation of Korean Trade Unions (FKTU) attached to the Government’s report. The Committee further notes the comments transmitted by the Korean Confederation of Trade Unions (KCTU) on 27 August 2010 and the Government’s response thereto submitted on 28 October 2010.

Article 1 of the Convention. Scope of application. The Committee notes the information provided by the Government regarding the effect given to the Convention, inter alia, through the Occupational Safety and Health Act No. 4220 of 13 January 1990 (as amended until 4 June 2010) (OSH Act), its Enforcement Decree and related regulations. The Enforcement Decree has not been made available to the Committee. The Committee notes that the OSH Act applies to all businesses, workplaces and workers; however, the Government indicates that, by virtue of the Enforcement Decree, certain businesses, workplaces and workers, listed in table 1 to the Enforcement Decree, have been excluded from certain provisions of the OSH Act. As noted by the FKTU, the Government has not provided any information on progress towards a wider application of the Convention. The Government is requested to provide further information on measures taken to give effect to this provision of the Convention and to make available a copy of the Enforcement Decree to the OSH Act including, its table 1.

Article 4(1). Formulating, implementing and periodically reviewing a coherent national policy in consultation with the most representative organizations of employers and workers. Article 5(d). Communication and cooperation. The Committee notes the information provided that the current national policy, as articulated in the Third Five-Year Plan for Industrial Prevention, was established following a meeting in April 2010 to gather opinions from workers’ and employers’ representatives. The Committee also notes that the Government periodically checks the implementation of each task in this plan through expert committees under the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention, including, employers, workers and public interest members, and that this Deliberation Committee is tasked with the consideration and coordination of mid- and long-term basic OSH plans on industrial accident prevention and major policies. The Government also refers to the Deliberation Committee in the context of the application of Article 5(d). The Committee notes, however, that, according to the FKTU, the referenced expert committees have not been set up. In this context, the Committee would like to refer the Government to paragraph 49 of the 2009 General Survey on occupational safety and health, in which it is stated as follows: “The social partners are thus to be involved in all stages of the national policy-making process. It should be underscored that the wording in Article 4(1) … refers to action to be taken in consultation with representative organizations of employers and workers, as opposed to after consultation with, as often provided for in other ILO Conventions. As indicated in the preparatory work [of Convention No. 155] this implied an obligation not merely to consult once but to have a continuing dialogue as necessary. It also implied that this obligation did not affect the authority of the member States, as the case may be, its legislature, to take the final decision.” Against this background, and in light of the comment from the FKTU, the Committee requests the Government to provide further information on how the consultations are carried out with the most representative organizations of employers and workers as prescribed in the Convention including, in particular, in Articles 4(1) and 5(e).

Article 9(2). Adequate penalties. The Committee notes the information provided by the Government regarding functioning of the labour inspectorate and the penalties that can be imposed pursuant to Chapter IX of the OSH Act. The Committee also notes that, according to the KCTU, the Government is not applying these provisions properly, and that the inspectorates mainly impose corrective orders rather than fines, although the latter have a stronger preventive effect. The KCTU refers to statistics from 2007 indicating that, in 96.2 per cent of all cases, only corrective orders were issued including two specific cases with further details where, according to the KCTU, the orders were ignored which in both cases resulted in the death of a worker. The Committee notes the Government’s response that the main purpose of sanctions is not to punish employers but to prevent accidents and, in any event, it does not only issue corrective orders, but also takes the proper administrative and judicial actions, such as suspension of the use of machines, suspension of work, imposition of fines, prosecution, etc. While not disputing the statistics referred to by the FKTU, the Government indicates that, according to section 15 of the code of practice for occupational safety and health inspectors (Order No. 703 of the Minister of Employment and Labour, 31 July 2009), a correction order is used as a punishment for minor violations in accordance with specified criteria and this sanction can accomplish its purpose without excessively limiting the rights of those subject thereto. The Committee also notes that, according to the Government’s report, it introduced in May 2007 a reliability assessment system to assess the accuracy and precision of the results monitoring of the work environment. In this respect, the Committee notes that the FKTU states that no reliability assessment was conducted until the end of July 2010. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comments by the KCTU and the FKTU.

Article 10. Provision of guidance to workers and employers. The Committee notes the information provided by the Government that, in 2008 and 2009 respectively, a total of 35,325 and 30,772 workplaces were provided with “guidance and inspection”. The Committee also notes that, according to the KEF, the Government should also ensure that guidance is provided to workers so as to ensure their compliance with legal obligations. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the KEF.

Article 14. Including OSH at all levels of education and training. The Committee notes the reference made by the Government to education materials distributed in schools to promote safety culture. The Committee also notes the comments by the FKTU that this Article also requires the Government to take measures so as to promote the provision of information to meet the training needs of workers. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the FKTU.

Article 15. Arrangements for coordination and consultations with workers’ and employer’s representatives. The Committee notes the information provided  by the Government that the Ministry of Employment and Labour coordinates the activities of various authorities and bodies at the national level and that it consults with workers’ and employers’ representatives on occupational safety and health legislation. The Committee also notes the comments by the KEF that the referenced consultations with the most representative organizations of employers and workers cannot be carried out effectively due to time constraints imposed by the Government. The Committee requests the Government to provide further information on measures taken to give effect to the present Article, with reference to the comment by the KEF.

The Committee is raising other points in a request addressed directly to the Government.